Tag: #ETS

Court issues stay of OSHA ETS on COVID-19 vaccination, testing

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

Photo property of OSHA

The 5th U.S. Circuit Court of Appeals has put a temporary halt to OSHA’s emergency temporary standard on COVID-19 vaccination, testing and masking by granting an emergency motion Nov. 5.

The three judges granted the stay, pending an expedited review, because “the petitions give cause to believe there are grave statutory and constitutional issues with the [ETS].” They also gave OSHA and the Department of Labor until 5 p.m. on Nov. 8 to respond to a request for a permanent injunction from the petitioners, which include Louisiana, Mississippi, South Carolina, Texas, Utah, businesses, and religious and advocacy groups.

The suit is among a number of court challenges against the ETS, according to multiple sources.

On Oct. 29, the Supreme Court refused to block a vaccine mandate for health care workers in Maine. That same day, the 2nd U.S. Circuit Court of Appeals reversed a lower court’s decision to block a vaccine mandate for health care workers in New York.

Similarly, in August, Supreme Court Justice Amy Coney Barrett turned down an appeal from Indiana University students to block their school’s vaccination requirement.

OSHA published its ETS, which would apply to employers with at least 100 employees, in the Nov. 5 Federal Register. Covered employers would have until Dec. 5 to develop, implement and enforce a mandatory COVID-19 vaccination policy – or develop a policy that gives employees the choice to get vaccinated or undergo weekly COVID-19 testing.

Covered employees would have a deadline of Jan. 4 to be fully vaccinated or begin undergoing weekly COVID-19 testing. Under the ETS, unvaccinated workers would be required to wear a face covering while indoors or in a vehicle “with another person for work purposes.”

The ETS directs employers to provide paid time off to receive a vaccine – up to four hours for each dose – and paid leave for any side effects from vaccinations. The 30 days would allow employers time to determine the vaccination status of employees and get any documentation in order, among other considerations. It also would give workers time to get their only dose or the first of two doses of a vaccine.

According to an OSHA fact sheet, the ETS wouldn’t apply to employees who work from home, work “exclusively outdoors” or don’t report to a workplace “where other individuals are present.”

During a Nov. 4 press conference, OSHA Deputy Assistant Secretary Jim Frederick said many employers already are complying with the requirements of the ETS. He also noted that the agency chose the 100-employee threshold because employers with that many workers typically have the “administrative capacity” to implement the requirements of the ETS “promptly.”

He added: “We know that the vast majority of workplaces will comply with this rule.”

The ETS includes a 30-day comment period. One subject OSHA is seeking to learn more about is “the ability of employers with fewer than 100 employees to implement COVID-19 vaccination and/or testing programs.” This means the employee threshold could be adjusted in the future.

Frederick noted that the agency will provide “robust” compliance assistance along with outreach to companies.

In addition to the fact sheet on the ETS, OSHA has an ETS summary, a set of frequently asked questions and answers, and sample policies for employers.

In response to the ETS news, Sen. Mike Braun (R-IN) announced that he’s leading an effort – with the support of at least 40 other lawmakers – to overturn the regulation under the Congressional Review Act. However, the CRA requires approval from both the House and Senate as well as a presidential signature, so the attempt is largely symbolic.

“This unacceptable federal directive impacts tens of millions of Americans and warrants review by Congress,” Braun said in a press release.

OSHA estimates that two-thirds of private-sector workers, or around 84 million, would be covered under the ETS, which would preempt any state laws, according to Department of Labor Solicitor Seema Nanda. State Plans would have to adopt standards that are “at least as effective as” federal OSHA’s.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

OSHA ETS sets deadline of Jan. 4 for worker vaccination

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

OSHA will officially publish its emergency temporary standard on COVID-19 vaccination and testing, which will apply to employers with more than 100 employees, in the Nov. 5 Federal Register.

Covered employers will have until Dec. 5 to develop, implement and enforce a mandatory COVID-19 vaccination policy – or develop a policy that gives employees the choice to get vaccinated or undergo weekly COVID-19 testing.

Covered employees will have a deadline of Jan. 4 to be fully vaccinated or begin undergoing weekly COVID-19 testing. Unvaccinated workers also will be required to wear a face covering while indoors or in a vehicle “with another person for work purposes.”

The ETS directs employers to provide paid time off to receive a vaccine – up to four hours for each dose – and paid leave for any side effects from vaccinations. The 30 days will allow employers time to determine the vaccination status of employees and get any documentation in order, among other considerations. It also will give workers time to get their only dose or the first of two doses of a vaccine.

According to an OSHA fact sheet, the ETS won’t apply to employees who work from home, work “exclusively outdoors” or don’t report to a workplace “where other individuals are present.”

During a Nov. 4 press conference, OSHA Deputy Assistant Secretary Jim Frederick said many employers already are complying with the requirements of the ETS. He also noted that the agency chose the 100-employee threshold because employers with that many workers typically have the “administrative capacity” to implement the requirements of the ETS “promptly.”

He added: “We know that the vast majority of workplaces will comply with this rule.”

The ETS includes a 30-day comment period. One subject OSHA is seeking to learn more about is “the ability of employers with fewer than 100 employees to implement COVID-19 vaccination and/or testing programs.” This means the employee threshold could be adjusted in the future.

Frederick noted that the agency will provide “robust” compliance assistance along with outreach to companies.

In addition to the fact sheet on the ETS, OSHA has an ETS summary, a set of frequently asked questions and answers, and sample policies for employers.

In response to the ETS news, Sen. Mike Braun (R-IN) announced that he’s leading an effort – with the support of at least 40 other lawmakers – to overturn the regulation under the Congressional Review Act. However, the CRA requires approval from both the House and Senate as well as the president, so the attempt is largely symbolic.

“This unacceptable federal directive impacts tens of millions of Americans and warrants review by Congress,” Braun said in a press release.

OSHA estimates that two-thirds of private-sector workers, or around 84 million, will be covered under the ETS, which will preempt any state laws, according to Department of Labor Solicitor Seema Nanda. State Plans will have to adopt standards that are “at least as effective as” federal OSHA’s.

The ETS will likely face challenges in the courts. Georgia Gov. Brian Kemp (R) and Georgia Attorney General Chris Carr announced Oct. 29 that they would file a lawsuit against a similar vaccination requirement, from the Biden administration, for federal contractors. South Carolina Gov. Henry McMaster (R), as well as Alabama, Idaho, Kansas and West Virginia, have joined the suit.

Also on Oct. 29, the Supreme Court refused to block a vaccine mandate for health care workers in Maine. That same day, the 2nd U.S. Circuit Court of Appeals reversed a lower court’s decision to block a vaccine mandate for health care workers in New York.

Similarly, in August, Supreme Court Justice Amy Coney Barrett turned down an appeal from Indiana University students to block their school’s vaccination requirement.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

OSHA issues ETS to protect workers from coronavirus

Posted on by McCraren Compliance

First published by OSHA

Increases protections for 84M private sector workers

The U.S. Department of Labor’s Occupational Safety and Health Administration today announced a new emergency temporary standard to protect more than 84 million workers from the spread of the coronavirus on the job. The nation’s unvaccinated workers face grave danger from workplace exposure to coronavirus, and immediate action is necessary to protect them.

Under this standard, covered employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work.

Since 2020, the coronavirus has led to the deaths of 750,000 people in the U.S., and the infection of millions more, making it the deadliest pandemic in the nation’s history. Many of the people killed and infected by this virus were workers whose primary exposures occurred at their jobs. OSHA estimates that this rule will save thousands of lives and prevent more than 250,000 hospitalizations due to workplace exposure to COVID-19 over the course of the ETS.

“COVID-19 has had a devastating impact on workers, and we continue to see dangerous levels of cases,” said U.S. Labor Secretary Marty Walsh. “We must take action to implement this emergency temporary standard to contain the virus and protect people in the workplace against the grave danger of COVID-19. Many businesses understand the benefits of having their workers vaccinated against COVID-19, and we expect many will be pleased to see this OSHA rule go into effect.”

The emergency temporary standard covers employers with 100 or more employees – firm or company-wide – and provides options for compliance. The ETS also requires employers to provide paid time to workers to get vaccinated and to allow for paid leave to recover from any side effects.

The ETS also requires employers to do the following:

  • Determine the vaccination status of each employee, obtain acceptable proof of vaccination status from vaccinated employees and maintain records and a roster of each employee’s vaccination status.
  • Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis. Employers must then remove the employee from the workplace, regardless of vaccination status; employers must not allow them to return to work until they meet required criteria.
  • Ensure each worker who is not fully vaccinated is tested for COVID-19 at least weekly (if the worker is in the workplace at least once a week) or within 7 days before returning to work (if the worker is away from the workplace for a week or longer).
  • Ensure that, in most circumstances, each employee who has not been fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes.

The emergency temporary standard does not require employers to pay for testing. Employers may be required to pay for testing to comply with other laws, regulations, collective bargaining agreements, or other collectively negotiated agreements. Employers are also not required to pay for face coverings. Continue Reading»

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.